PABUJI RAGHUJI THAKORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has assailed the judgment and order on conviction dated 23.12.2004 passed by the learned Additional Sessions Judge, Fast Track Court, Deesa in Sessions Case No.225 of 2000, whereunder, he came to be convicted for the offence punishable under Sections 332 & 353 of Indian Penal Code (for short the "I.P. Code") and directed to suffer rigorous imprisonment for 2 years and to pay a fine of Rs.1000/-, in default to suffer rigorous imprisonment for 3 months and rigorous imprisonment for 1 years and to pay a fine of Rs.500/-, in default to suffer imprisonment for 1 month respectively.

(2.) The facts in brief of the prosecution case against the appellants as stated in the memo of appeal are that the incident has happened on 30.06.1999 in the morning hours at 10.15 and the complaint has been given at 10.30. As per the complaint, the complainant himself is on duty of Unarm Head Constable at Deodar Police Station. The complaint Criminal Register No. II 46 of 1999 offence punishable under Section 323,504, 506(2) of the Indian Penal Code, lodged against the present Appellant. The investigation of the said complaint with the complainant and for the arrest of the appellant he went to the village Goda but accused was not found. On 30.06.1999 complainant and other constable namely Hareshbhai left the police station for village Goda on the way near Octroi Naka the accused Pubuji Raghuji came from the other side. The complainant called him and told him to came police station for his arrest. Therefore, he was existed and gave a knife blow on complainant. He has given knife blow on the left hand of complainant. Further he said that knife was taken by the complainant from the accused. At that point of time so many person was gathered and traffic police contable popatlal and Vasantbhai also came there. The Police Constable Hareshbhai called Jeep from Deodar Police Station. Thereafter, accused and other constable went to the Deodar Police Station and filed the complaint against the accused.

(3.) After conclusion of investigation, the charge-sheet was filed against the appellants in the Court of learned Judicial Magistrate First Class Court, Deesa. As the offences were exclusively triable by the Court of Sessions, the learned Magistrate committed the case under Section 209 of the Code to the Court of Sessions, where the case came to be registered as Sessions Case No. 225 of 2005.